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Writ of Venire for October Term 1828
Abstract

On May 24, 1828, a writ issued summoning several men to serve on the grand jury for the October 1828 Term of the Superior Court. The following names appeared on the writ: James Lockert, Benjamin Williams, Lewis Kirkpatrick, Isom Patton, Moses Bland, James Hawkins, Daniel Rowland, Joshua Chandler, David Standler, John Caruthers, Thomas Arbuckle, Felix Peyton, William Bridges, William P. Thompson, Richard Montgomery, Robert Brazil, L. H. Huegston, Samuel Williams, Z. Downs, Thomas Mathers, Thomas Montgomery, Alexander W. Cotton, Nathan W. Maynor, and Samuel Price. The sheriff of Pulaski county was commanded to summon these men to appear before the Superior Court to serve as grand jurors. Daniel Ringo, the deputy clerk of the Superior Court, issued the writ.

At the October 1828 term of the court, the sheriff returned this panel of grand jurors: Alexander W. Cotton foreman, Lewis Kirkpatrick, Isom Patton, Moses Bland, Daniel Rowland, David Standler, Felix Peyton, William Bridges, John P. House, John Caruthers, Robert Brazil, Samuel Williams, Zachariah Downs, Thomas Montgomery, N.W. Maynor, Samuel Price, and Archer T. Welborn. After these men received their charge from the court, they retired to consult about their duties – the most important of which was to hand down "true bills," as indictments were known then.

The grand jury heard from various witnesses who had been subpoenaed to testify at this term of the court. As the clerk of the Superior Court, David E. McKinney issued all of the subpoenas. On October 14, William Atchison, the deputy sheriff of Pulaski Court executed a subpoena on John Largue - Largue was to appear at the third day of the October Term. The next day, Atchison executed a subpoena in Big Rock township on Kirkwood Dickey, David E. McKinney and Nicholas Peay, and Samuel M. Rutherford, the sheriff, executed a subpoena on George Scott. These men were also to appear on the third day of the term. On October 16, a subpoena from the court issued for William Montgomery, William Woodruff, Jacob Reider, Benjamin Desha, Matthew Cunningham, and Wharton Rector. Deputy Atchison executed the subpoena on Reider, Desha, Cunningham, and Rector in Big Rock Township. The men were to testify on the fourth day of the October term of court. Atchison also executed subpoenas on October 17 for Elias Rector, William P. Hackett, Thomas Scott, Nicholas Peay, A.S. Walker, [R.C.] Byrd, and James Lemmons summoning them to appear on the fifth day of the term. Finally, on October 18, another subpoena was executed on Nicholas Peay who was commanded to appear on the sixth day of the term.

On October 28, 1828, the Grand Jury returned indictments and the jurors were discharged. Some of its indictments implicated the foremost citizens of the territory, such as the duelling charges against Robert Crittenden and Benjamin Desha for their involvement in the death of Henry Conway. George and Thomas Scott, Elias Rector and James Lemmons were charged with maintaining "faro banks," or gambling tables. Francis Laforgue and Richmond Peeler were charged with murdering a Choctaw man. The least serious crime was charged against John Birmingham, for the theft of a black silk handkerchief from Jacob Reider. These cases are all part of this collection.

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